[2016] KEHC 7326 (KLR)
The court determined that, given the seriousness of the manslaughter offence, the negative recommendations from both the administration and the deceased's family, and the accused's problematic history in the community, a custodial sentence was warranted. However, the court also considered the fact that the accused...
Source-derived case information.
- Citation
- [2016] KEHC 7326 (KLR)
- Parties
- Applicant: Republic; Defendant: Kenneth Kipsang Cheruiyot
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2013
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to four years imprisonment
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kenneth Kipsang Cheruiyot
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for manslaughter.
- 2 What weight should be given to the social inquiry report and the views of the deceased's family in sentencing.
Ratio Decidendi
The court determined that, given the seriousness of the manslaughter offence, the negative recommendations from both the administration and the deceased's family, and the accused's problematic history in the community, a custodial sentence was warranted. However, the court also considered the fact that the accused had already spent almost three years in custody. Balancing these factors, the court sentenced the accused to four years imprisonment, reflecting both the need for punishment and the time already served.
Court Disposition
accused sentenced to four years imprisonment
Orders
- The accused is sentenced to four (4) years imprisonment.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH OF KENYA AT KERICHO
CRIMINAL CASE NO. 9 OF 2013
REPUBLIC..........................................PROSECUTION
VERSUS
KENNETH KIPSANG CHERUIYOT.............ACCUSED
RULING ON SENTENCE
The accused was convicted of the offence of manslaughter after a plea bargaining arrangement.
Upon conviction, this court called for a social inquiry report before sentence and the same has been filed.
The administration's report is that, the accused is problematic as it had received many complaints against him though they managed to settle them at community level. They do not recommend a non-custodial sentence. The deceased's family is also negative about the accused person being released and recommends a custodial sentence for him.
I have considered that the accused person has been in custody for almost three (3) years. I therefore sentence him to four (4) years imprisonment.
Delivered, Signed and Dated at Kericho this 9th day of February, 2016.
…......................
H. I. ONG'UDI
JUDGE
In the presence of: M/s Keli for State, accused person and Hillary/Cheruyoit as Court Assistants.
…......................
H. I. ONG'UDI
JUDGE